                                 CODE OF VIRGINIA

USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT (§
59.1-483)

a. This chapter does not require a record or signature to be created, generated,
sent, communicated, received, stored, or otherwise processed or used by
electronic means or in electronic form.

b. This chapter applies only to transactions between parties each of which has
agreed to conduct transactions by electronic means. Whether the parties agree to
conduct a transaction by electronic means is determined from the context and
surrounding circumstances, including the parties&#8217; conduct. Except for a
separate and optional agreement the primary purpose of which is to authorize a
transaction to be conducted by electronic means, an agreement to conduct a
transaction electronically may not be contained in a standard form contract
unless that term is conspicuously displayed and separately consented to. An
agreement to conduct a transaction electronically may not be inferred solely
from the fact that a party has used electronic means to pay an account or
register a purchase warranty. This subsection may not be varied by agreement.

c. A party that agrees to conduct a transaction by electronic means may refuse
to conduct other transactions by electronic means. The right granted by this
subsection may not be waived by agreement.

d. Except as otherwise provided in this chapter, the effect of any of the
provisions of this chapter may be varied by agreement. The presence in this
chapter of the words &#8220;unless otherwise agreed,&#8221; or words of similar
import, does not imply that the effect of other provisions may not be varied by
agreement.

e. Whether an electronic record or electronic signature has legal consequences
is determined by this chapter and other applicable law.

HISTORY: 2000, c. 995.